12 The QUEE NS Courier • health • OCTOBER 6, 2016 for breaking news visit www.qns.com ▶health The Elder Law Minute TM Online Fundraising May Affect Medicaid Eligibility By Ronald A. Fatoullah, Esq. and Yan Lian Kuang- Maoga, Esq. A medical crisis obviously causes emotional strain but often can be a financial burden for the sick and his or her family as well. In this age of technology, many online fundraising methods are available to secure financial support for the individual suffering from an illness. These methods can reach many people very quickly and therefore often result in significant funds being raised. While these fundraising efforts are great options to secure financial support for those affected, such fundraising accounts must be set up properly so as not to affect the medical benefits of the intended beneficiary. In many instances when a medical crisis occurs, the sick individual may qualify for Medicaid, a government funded health insurance elder law program, to cover the sizeable medical bills that are sure to come. Many donors of “Go Fund Me” accounts, or other types of online fundraising accounts, do not intend their gifts to be used to pay medical bills, but rather to cover all the other necessities of the sick individual, such as rent and child care costs. Depending on how the account is set up, fundraising efforts such as “Go Fund Me” may result in ineligibility for Medicaid coverage for the sick individual if the fundraising account ends up exceeding the applicable resource limit for Medicaid. Generally, if the sick individual has access to the funds, the account is treated as a countable asset for purposes of Medicaid coverage. A simple way to avoid jeopardizing the individual’s eligibility for Medicaid coverage while still providing a source of funds for his/her other basic expenses is the use of a “Special Needs Trust” (also known as a “Supplemental Needs Trust”) to hold the proceeds of the fundraising efforts. Special Needs Trusts are routinely used in planning for the financial needs of disabled individuals who are receiving government benefits. There are clear legal guidelines encouraging others to gift funds to disabled individuals to pay for expenses that are over and above what the disabled person can receive from government programs. For example, funds in a Special Needs Trust may be used to pay for travel or for magazine subscriptions. Trusts are great vehicles to be used for various purposes. A Special Needs Trust is one type of trust designed to protect funds for a disabled beneficiary. For those who intend to organize a fundraiser, it is important to consider setting up a trust that can be designated for the specific supplemental needs of the intended beneficiary and which can avoid unintended consequences. Consult with an experienced trust and estates attorney to discuss the design of such a trust. Ronald A. Fatoullah, Esq. is the principal of Ronald Fatoullah & Associates, a law firm that concentrates in elder law, estate planning, Medicaid planning, guardianships, estate administration, trusts, wills, and real estate. Yan Lian Kuang- Maoga is an elder law attorney with the firm. The law firm can be reached at 718-261-1700, 516-466- 4422, or toll free at 1-877-ELDERLAW or 1-877-ESTATES. Mr. Fatoullah is also the co-founder of JR Wealth Advisors, LLC. The wealth management firm can be reached at 516-466-3300 or 800- 353-3775. ROnald Fatoullah, ESQ, CELA* THERAPEUTIC TOUCH AND AGING Western clinicians are beginning to embrace Eastern healing modalities more than ever, especially in regard to patients with unrelieved pain. According to Maureen Foye, an RN, employed at the in-patient pain management program at Spaulding Rehabilitation Hospital in Boston, “Many people don’t understand the role that Eastern healing can play in the management of pain.” Foye began working with patients in severe pain after being exposed to the principles of therapeutic touch. She has now come full circle by instructing other practitioners in the value of these principles with plans to conduct further research into the clinical effectiveness of energy healing and therapeutic touch associated with the field of pain management. Many patients with chronic pain tend to isolate themselves. A major focus of the program is to therefore, create community among her patients. Part of her protocol is 1) to teach her patients that they are not the only ones in the world with chronic pain, and 2) to learn how to cope with that pain, to manage it and live with it. Unfortunately for many individuals who have isolated themselves, pain has kept them from socializing with others. But with the use of physical therapy and Eastern modalities utilized at Spaulding, patients claim pain no longer controls their lives the way it used to. According to one physician by the name of Dr. R. Armen, a favorite exercise he employs to help people get and stay healthy for a lifetime is called “The Fork in the Road”… a connection to energy and healing. “Vividly imagine a fork in the road with two paths. To the left, imagine a future of unrelieved pain. If you don’t care about your brain and body and just keep doing what you’ve always done, what will your life be like in a year… in five years… in ten years?” “To the right, imagine a future of health. Imagine your body and spirit getting healthier and all that goes with that… mental clarity, better energy, a brighter mood, greater memory, and a healthier brain.” Therefore successful health dramatically can increase when you are connected with others and when you continue receiving constant encouragement to stay focused and motivated towards your goals. Here are some final thoughts on what I believe is optimal aging: 1) it is a means to continue functioning at the highest possible level in the context of inevitable limitations that growing old places on us, and 2) it is a means of getting the very best out of what is possible for as long as possible (physically, cognitively, socially and psychologically). Sheldon Ornstein Ed.D, RN Dr. Sheldon Ornstein is a registered professional nurse with a doctoral degree in nursing organization. He has specialized in the care of older adults and has published many articles on the subject. He has done post-graduate work in gerontology and has taught at several universities. In 2013, he was inducted into the Nursing Hall of Fame at Teachers College, Columbia University.
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